COURSE MODULE

PEDRO G. OYA IV
Art. 7. When light felonies are
punishable
 Lightfelonies are punishable only when they have
been consummated, with the exception of those
committed against person or property.
 What are light felonies ?
 Light felonies are those infractions of law for the
commission of which the penalty of “arresto
menor” or fine not exceeding P200, or both, is
provided. (Art 9,Par.3)
The light felonies punished by the R.P.C
1. Slight physical injuries. ( Art. 266)
2. Theft. ( Art. 399, par. 7 and 8)
3. Alteration of boundary marks. (Art.
313)
4. Malicious mis-chief. (Art. 328,
par.3; Art. 329, par. 3)
5. Intriguing against honor. ( Art. 364)
Important words and phrases.
 1. “with the exception of those committed against
person or property.”
 General Rule:
Light felonies are punishable only when they been
consummated.
Exception :
Light felonies committed against person or
property, are punishable even if attempted or
frustrated .
Reason for General Rule
 Light felonies produce such light, such significant moral and material
injuries that public conscience is satisfied when providing a light penalty for
their consummation. If they are not consummated, the wrong done is so
slight that there is no need penalty at all.

 Reason for exception.

 The commission of felonies against persons or property presupposes in
the offender moral depravity. For that reason, even attempted or
frustrated light against persons or property are punishable.

 Example of light felonies against person:

 Art. 266- Slight physical injuries and maltreatment
Art. 8. Conspiracy and proposal to
commit felony
 Conspiracy and proposal to commit felony are punishable
only in the cases in which the law specially provides a
penalty therefor.
 A conspiracy exists when two or more persons come to an
agreement concerning the commission of felony and decide
to commit it.
 There is proposal when the person who has decided to
commit felony proposes its execution to some other person
or persons .
IMPORTANT WORDS AND PHRASES
 1. “Conspiracy and proposal to commit felony”
 Conspiracy and proposal to commit felony are two different ats or
felonies: (1) conspiracy to commit felony; (2) proposal to commit
a felony.
 2. “Only in the cases in which the law specially provides a penalty
therefor”
 Unless there is specific provision in the RPC providing a penalty for
conspiracy or proposal to commit a felony, mere conspiracy or proposal
is not a felony.
 General Rule.
 Conspiracy or proposal to commit a felony are not punishable.
 Exception:
 There are punishable only in the cases in which the law specially
provides a penalty therefor.
Requisites of conspiracy

1. The two or more persons came to an agreement;

2. That the agreement concerned the commission of felony;
3. That the execution of the felony be decided upon.
REQUISITES OF PROPOSAL

1. That a person has decided to commit a felony; and

2. That he proposes its execution to some other
person or persons
Art. 9 Grave felonies, Less grave
Felonies and light felonies
 Grave Felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Article 25 of this code.
 Less Grave Felonies are those which the law punishes with penalties
which in their maximum period are correctional in accordance with the
above mentioned article.
 Light Felonies are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos, or
both, is provided.
IMPORTANT WORDS AND PHRASES.

1. “to which the law attaches the capital punishment”.

2. “Or penalties which in any of their periods are afflictive.”
3. “Penalties in which in their maximum period are correctional”
4. “The penalty of arresto menor or a fine not exceeding 200 pesos, or
both, is provided”.
Art.10 . Offenses not subject to the
provisions of this code

Offenses which are in or in the future may be

punishable under special laws are not subject to the
provisions of this code. This code shall be
supplementary to such laws, unless the latter should
especially provide the contrary.
IMPORTANT WORD AND PHRASES

1. Special laws
A “special law” is defined in U.S v. serapio, 23 phil. 584, As a penal
law which punishes acts not defined and penalized by the Penal code.
2. Supplementary
The word “supplementary” means supplying what is lacking; additional.
3. “Unless the latter should specially provide the contrary.”
SUPPLETORY APPLICATION OF THE
REVISED PENAL CODe
1. Subsidiary penalty
2. Civil Liability
3. Rules on service of sentence
4. Definition on principals , accomplices and accessories
5. Principle of Conspiracy